North Carolina General Statutes 1-440.23. Form of summons to garnishee
The summons to garnishee shall be substantially in the following form:
State of North Carolina In the Superior Court
__________County
____________________,
Plaintiff,
vs.
____________________, Summons to Garnishee
Defendant,
and
____________________,
Garnishee.
To____________, Garnishee:
You are hereby summoned, as a garnishee of the defendant, ________, and required, within twenty days after the service of this summons upon you, to file a verified answer in the Office of the Clerk of the Superior Court of the above named county, at________, North Carolina, showing –
(1) Whether, at the time of the service of this summons upon you, or at any time since then until the date of your answer, you were indebted to the defendant or had any property of his in your possession and, if so, the amount and nature thereof; and
Terms Used In North Carolina General Statutes 1-440.23
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Plaintiff: The person who files the complaint in a civil lawsuit.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Summons: Another word for subpoena used by the criminal justice system.
(2) Whether, according to your knowledge, information or belief, any other person is indebted to the defendant or has any property of the defendant in his possession and, if so, the name of each such person.
In case of your failure to file such answer a conditional judgment will be rendered against you for the full amount for which the plaintiff has prayed judgment against the defendant, together with such amount as will be sufficient to cover the plaintiff’s costs.
This the ______day of________, _______
__________________________________
(Here designate Clerk Superior
Court or Judge.)